Perry: State law unaffected by Obama policy on immigration

Gov. Rick Perry says the Obama administration’s policy to defer deportation of many young immigrants who are here illegally doesn’t change any laws denying benefits to them.

Perry, in a letter to state Attorney General Greg Abbott dated Aug. 16, called the policy “a slap in the face to the rule of law and our Constitutional framework of separated powers.”

The governor wrote:

“According to media reports, thousands of aliens in Texas are eligible to apply for relief from deportation under the guidelines. …. To avoid any confusion on the impact of the Obama administration’s actions, I am writing to ensure that all Texas agencies understand that Secretary Napolitano’s guidelines confer absolutely no legal status whatsoever to any alien who qualifies for the federal ‘deferred action’ designation. In fact, the secretary specifically closed her directive by explaining that ‘[t]his memorandum confers no substantive right, immigration status or pathway to citizenship.'”

Perry continued:

“These guidelines do not change our obligations under federal and Texas law to determine a person’s eligibility for state and local public benefits. Federal law prohibits conferring such benefits to most unlawfully present aliens, absent a state law to the contrary. In Texas, our legislature has passed laws that reflect the policy choices that they believe are right for Texas. The secretary’s directive does not undermine or change our state laws, or any federal laws that apply within the State of Texas. I expect our state agencies to continue to comply with and enforce the laws for the protection of our citizens, communities and state treasury and in fulfillment of our constitutional duty as officials within the executive branch.”